The term “aggravated felony” is defined at section 101(a)(43) of the Immigration and Nationality Act. An alien who is convicted of an aggravated felony at any time after admission is deportable.
Whether Your Conviction Is An Aggravated Felony Depends On The Specific Elements Of The Criminal Statute You Were Convicted Under.
The attorneys at Godoy Law Office, are ready to help you look at your criminal record and to determine whether you have an aggravated felony. As former prosecutors we use that experience to assess whether you can argue that your conviction is not an aggravated felony.
The 21 categories of aggravated felonies are summarized below:
- (A) murder, rape, or sexual abuse of a minor
- (B) illicit trafficking in a controlled substance (as defined in §102 of the Controlled Substances Act [21 USC §801 et seq.], including a drug trafficking crime (as defined in 18 USC §924(c))
- (C) illicit trafficking in firearms or destructive devices (as defined in 18 USC §921) or in explosive materials (as defined in 18 USC §841(c))
- (D) an offense described in 18 USC §§1956 (relating to laundering of monetary instruments) or 1957 (relating to engaging in monetary transactions in property derived from specific unlawful activity) if the amount of the funds exceeded $10,000
- (E) an offense described in (i) 18 USC §§842(h) or (i) or 844(d), (e), (f), (g), (h), or (i) (relating to explosive materials offenses); (ii) 18 USC §§922(g)(1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r) or 924(b) or (h) (relating to firearms offenses); or (iii) 26 USC §5861 (relating to firearms offenses)
- (F) a crime of violence (as defined in 18 USC §16, but not including a purely political offense) for which the term of imprisonment is at least one year
- (G) a theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment is at least one year
- (H) an offense described in 18 USC §§875, 876, 877, or 1202 (relating to the demand for or receipt of ransom)
- (I) an offense described in 18 USC §§2251, 2251A, or 2252 (relating to child pornography)
- (J) an offense described in 18 USC §§1962 (relating to racketeer influenced corrupt organizations), 1084 (if it is a second or subsequent offense), or 1955 (relating to gambling offenses), for which a sentence of one year imprisonment or more may be imposed
- (K) an offense that-
- (i) relates to the owning, controlling, managing, or supervising of a prostitution business;
- (ii) is described in 18 USC §§2421, 2422, or 2423 (relating to transportation for the purpose of prostitution) if committed for commercial advantage; or
- (iii) is described in 18 USC §§1581-1585, or 1588-1591 (relating to peonage, slavery, involuntary servitude, and trafficking in persons)
- (L) an offense described in 18 USC §§793 (relating to gathering or transmitting national defense information), 798 (relating to disclosure of classified information), 2153 (relating to sabotage), or 2381 or 2382 (relating to treason); or 50 USC §421 (relating to protecting the identity of undercover intelligence agents) or §601 of the National Security Act of 1947 (relating to protecting the identity of undercover agents)
- (M) an offense that (i) involves fraud or deceit in which the loss to the victim or victims exceeds $10,000; or (ii) is described in 26 USC §7201 (relating to tax evasion) in which the revenue loss to the government exceeds $10,000
- (N) an offense described in INA §§274(a)(1)(A) or (2) (relating to alien smuggling) (except for a first offense, if the alien assisted or abetted his or her spouse, child, or parent only)
- (O) an offense described in INA §§275(a) (entry or attempt at improper time or place or by misrepresentation or concealment of facts) or 276 (re-entry of removed alien) if committed by an alien who was previously deported on the basis of an aggravated felony
- (P) an offense (i) that either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of 18 USC §1543 or is described in 18 USC §1546(a) (relating to document fraud) and (ii) for which the term of imprisonment is at least 12 months, except for a first offense committed to assist or abet only the alien’s spouse, child, or parent
- (Q) an offense relating to a failure to appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of five years or more
- (R) an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered, for which the term of imprisonment is at least one year 27
- (S) an offense relating to obstruction of justice, perjury, or subornation of perjury, or bribery of a witness, for which the term of imprisonment is at least one year
- (T) an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of two years’ imprisonment or more may be imposed
- (U) an attempt or conspiracy to commit an offense described in INA §101(a)(43).
Although an aggravated felony is a bar to most forms of immigration relief there may still be immigration relief available. For example, not every aggravated felony has a corresponding ground of inadmissibility and therefore you may still be eligible for adjustment of status. The attorneys at Godoy Law Office. can help you identify your available immigration options.
Contact Us If You Have An Aggravated Felony – We Can Help You Identify Any Available Immigration Option.
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